Case Digest (G.R. No. 248530)
Facts:
People of the Philippines v. Reynaldo Dechoso y Divina, G.R. No. 248530, March 03, 2021, the Supreme Court First Division, Caguioa, J., writing for the Court.The accused-appellant is Reynaldo Dechoso y Divina; the private complainant is identified in the record as AAA. The information (Regional Trial Court of Muntinlupa City, Branch 204, Criminal Case No. 09-719) charged Dechoso with rape under Article 266-A, paragraph (1)(a) of the Revised Penal Code for an alleged November 6, 2009 incident near a railroad track in Muntinlupa City. Upon arraignment Dechoso pleaded not guilty and trial on the merits followed.
At trial the prosecution presented AAA, Barangay Policeman BBB, Barangay Officer CCC, and Police Chief Inspector Marianne S. Ebdane (medico-legal examiner). AAA testified she was about four months pregnant and, at about 4:30 a.m., was intercepted near the railroad track by a man later identified as Dechoso who blocked her path, hugged her, threatened to kill her if she shouted, dragged her to a rocky spot, exposed her, sucked her nipples and for about fifteen minutes inserted his penis into her vagina while she struggled and pleaded. AAA claimed she grabbed Dechoso’s wallet during the assault, threw it away, later retrieved her broom and dustpan and found an identification card near the track; barangay officials recovered a wallet whose ID matched Dechoso’s, and AAA identified him at the barangay hall. The medico-legal examiner found abrasions on AAA’s lower back but no genital injuries, explaining that absence of genital injury does not negate rape for reasons including lubrication or prior childbirth.
Dechoso testified in his own defense, denying the rape and asserting an alibi: he claimed he had been mauled earlier, lost his wallet, sought treatment at the Rescue Office, and later searched unsuccessfully for his wallet with a friend FFF. He denied possession of the wallet at the time of the alleged offense. His mother told barangay officials Dechoso had “just arrived” when they came to his house.
The RTC, after trial, found Dechoso guilty beyond reasonable doubt of rape and, by Judgment dated June 29, 2016, sentenced him to reclusion perpetua and ordered payment of moral damages and civil indemnity (Php50,000 each). Dechoso appealed to the Court of Appeals (CA-G.R. CR HC No. 08497). In a Decision dated March 29, 2019, the Court of Appeals Fourth Division (Associate Justice Maria Filomena D. Singh, with Justices Japar B. Dimaampao and Manuel M. Barrios, concurring) affirmed the conviction but modified the award of damages, ordering Dechoso to pay AAA Php75,000 as civil indemnity ex delicto, Php75,000 as moral damages, and Php75,000 as exemplary damages, with 6% annual interest from finality.
Dechoso filed the present appeal to the Supreme Court pursuant to S...(Pro-only)
Issues:
- Did the trial court and the Court of Appeals err in accepting AAA’s identification of Reynaldo Dechoso as her assailant?
- Does AAA’s alleged failure to physically resist the assault negate the element of lack of consent required for rape?
- Was the prosecution’s evidence sufficient to establish Dechoso’s guilt fo...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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